[HISTORY: Derived from Ch. 15 of the 1978
Code of the Village of New Paltz. Amendments noted where applicable.]
A.
Required to perform blasting operation. No person
shall blast or cause to be blasted any rock or other substance with
any explosive as defined in this chapter, in the Village of New Paltz,
without first obtaining a permit from the licensing officer covering
the specific blasting operation, upon written application, in a form
approved by the Board of Trustees.
B.
State and federal license required. Before such permit
is issued, the person shall have in his possession and shall produce
for the licensing officer's inspection a valid license to purchase,
own, possess, transport or use explosives issued by the Bureau of
Alcohol, Tobacco, Firearms and Explosives and a valid license to purchase,
own, possess, transport or use explosives, issued by the Explosives
Licensing Unit, New York State Department of Labor, and no such license
will be issued to anyone under 18 years of age or otherwise considered
ineligible as defined in Section 459 of Article 16, Industrial Code
Rule 39 of Title 12 of the Official Compilation of Codes, Rules and
Regulations of the State of New York.
[Amended 10-22-2008 by L.L. No. 10-2008]
C.
Required insurance.
(1)
No permit shall be issued under the provisions of this chapter to
any person unless he shall submit evidence in the form of a certificate
of insurance issued by an insurance company authorized to conduct
business in the State of New York and in a form acceptable to the
Village Attorney, guaranteeing that the applicant has in full force
and effect a policy of public liability insurance including a specific
endorsement covering the liabilities arising from blasting and providing
bodily injury coverage of not less than the amount set annually by
resolution of the Board of Trustees for each person injured and the
amount set annually by resolution of the Board of Trustees for each
accident and property damage insurance of not less than the amount
set annually by resolution of the Board of Trustees. The Board of
Trustees may fix policy limits in higher amounts if it is satisfied
that the circumstances relating to the blasting operation so require.
[Amended 10-22-2014 by L.L. No. 13-2014]
(2)
The public liability insurance policy shall provide
to save the Village from all claims, actions, and proceedings brought
by any person, firm, or corporation for injury to persons or property
resulting from or occasioned by such blasting operations. Such policy
shall not be cancelled, terminated, modified, nor changed by the company
unless 10 days' prior written notice is sent to the Village Clerk
by registered mail. Such policy shall also provide that the presence
of an inspector of the Village, or its lawfully-appointed representative,
on the site of operations shall not affect the obligation of the insurer
under its policy.
(3)
No permit shall be valid unless such insurance is
in full force and effect. The certificate of insurance so submitted
may be written for a specific job or may be a blanket certificate
issued on a quarterly or yearly basis.
D.
Issuance; fee; conditions.
[Amended 10-22-2008 by L.L. No. 10-2008]
(1)
Such permit, when approved and signed by the licensing officer, shall
be issued upon payment of the amount set annually by resolution of
the Board of Trustees, and the duration of such permit shall be counted
in single consecutive days, not to exceed 30, and each permit will
only be granted for a single site and purpose. A permit extension
may be granted upon application to and site inspection by the licensing
officer. Extensions will also be site specific and counted in single
consecutive days, not to exceed 30.
[Amended 10-22-2014 by L.L. No. 13-2014]
(2)
Each permit issued shall specify the name of the permittee,
the date of expiration of the permit, the particular place, location
or site where the blasting is to occur and the principal purpose of
the blasting. A permit shall be effective for each blasting job only
during the period for which the permit is issued. The Building Department
shall keep a record of each permit issued, and the Board of Trustees
and/or the Building Inspector shall have the right to suspend or revoke
any such permit at any time for failure to comply with the provisions
of this chapter or any other applicable law.
A.
Compliance with state regulations. It shall be unlawful
for any person or persons to transport or cause or permit the transportation
of explosives in any vehicle through, to, or within the Village of
New Paltz in any manner which violates the provisions of Section 39.6,
of Title 12 of the Official Compilation of Codes, Rules, and Regulations
of the State of New York.
B.
Guarding; stops. No person in charge of a vehicle
containing explosives in transit shall allow such vehicle to remain
unguarded at any time and no person charged with the responsibility
of such transportation shall make any unnecessary stops within the
Village of New Paltz. Where such stop is unavoidable, the person in
charge of the vehicle containing the explosives shall strictly observe
the Rules for Vehicles in Transit as defined in paragraph g. of the
Code Rule 39.6 of Title 12 of the Official Compilation of Codes, Rules
and Regulations of the State of New York.
A.
State certificate required for storing. No person
shall keep or store explosives unless a certificate therefor shall
have been issued by the Industrial Commissioner, Department of Labor,
State of New York, and such magazine owner or user shall be required
to obtain an annual renewal of such certificate.
B.
State license required for manufacturing or selling. No person shall manufacture, deal in, give or otherwise dispose of explosives unless a license therefor shall have been issued by the Commissioner as provided in § 458, Subdivision 2, New York State Labor Law, nor shall any person sell, give or dispose of explosives to, or manufacture explosives for any person who does not hold a license as required by Subsection B of § 82-1 of this chapter.
C.
Report of loss or theft. Any theft or loss of explosives
from a storage magazine or otherwise shall immediately be reported
to the Industrial Commissioner and the state or local police or County
Sheriff.
D.
Compliance with state law. No person shall store explosives
except in a magazine constructed, located, marked and maintained in
strict accordance with §§ 453, 454, 455 and 456 of
Article 16 of the Labor Law of the State of New York.
A.
State license required. Sporting or smokeless powders
for reloading shells in an amount not in excess of five pounds and
in the original containers may be kept in a building without storing
such powders in a magazine provided such person possessing same is
not ineligible to obtain such powders pursuant to Subdivision 11 of
§ 458 of the Labor Law.
B.
Loading or reloading small arms ammunition. Nothing in this chapter shall be construed to preclude the loading or reloading of small arms ammunition or the storing of small quantities of sporting or smokeless powders providing the person doing same is not ineligible to obtain such powders as provided in Subsection A, above.
No person shall use, in a blasting operation,
a quantity of explosives greater than necessary, properly to start
the rock or other substances, nor use such an amount as will endanger
persons or property. The Board of Trustees or its duly authorized
representative may limit the maximum quantity of explosives to be
used, but no action by the Board of Trustees or its duly authorized
representative shall relieve or exempt any person or insurance company
from liability for damage caused by the use of such explosives.
A.
Preparation for firing. The person in charge of blasting
operations shall assign only persons who are qualified to perform
the work safely and shall, before firing, cover all prepared blasts
with a rope or woven metal mattress, heavy timbers chained together,
or other suitable screens of sufficient size, weight, and strength
to prevent the escape of broken rock or other debris in a manner liable
to cause injury or damage to persons or property.
B.
Notification of blasting. The person in charge of
blasting operations, or his or her designee, shall notify the licensing
officer, each residence and business establishment, in person, within
a radius of 500 feet of the particular place where the blasting is
to be done at least 24 hours prior to the occurrence of the blasting,
and then again 60 minutes prior to each occurrence of the blasting
each day, to enable the owners or occupants to take necessary precautions.
If no one appears to be present at the residence or business establishment
when the notification is given, an appropriate notice shall be affixed
to the principal entrance of the premises.
[Amended 10-22-2008 by L.L. No. 10-2008]
C.
Protection of highways and public places. No person
shall fire nor explode nor direct nor cause to be fired or exploded
any blast in or near any highway or public place in the Village of
New Paltz, unless competent men, carrying a red flag, shall have been
placed at a reasonable distance on all sides of the blast to give
proper warning thereof at least three minutes in advance of firing.
D.
Additional precautions. The enforcement officer may
impose additional safety precautions prior to the blasting operation
if, in his opinion, the circumstance so require.
E.
Prepared blasts not to be kept overnight; exception.
No blasts prepared for firing shall be allowed to remain overnight
except in an emergency resulting from a misfire, when a watchman shall
be provided to keep unauthorized persons at a safe distance.
F.
Electrical storms. All blasting operations and handling
of explosives shall be immediately suspended upon the approach of
an electrical storm.
[Amended 10-22-2008 by L.L. No. 10-2008]
No person shall conduct blasting operations
within the Village of New Paltz after 5:00 p.m. and before 9:00 a.m.,
nor at any time on Saturday, Sunday or holidays.
Nothing contained in this chapter shall be construed
to conflict with §§ 450 through 465 of the Labor Law
of the State of New York.
The Board of Trustees or its duly authorized
representative is hereby authorized and empowered to establish and
promulgate rules and regulations concerning blasting operations in
the Village, storage of explosives and other matters contained in
this chapter not inconsistent with the provisions of this chapter.
Such rules and regulations when established and promulgated shall
be binding upon all persons to whom a permit is issued pursuant to
this chapter.
The Building Inspector shall be the enforcement
officer of this chapter and shall serve as the authorized representative
of the Board of Trustees unless otherwise specifically provided. He
may, with the permission of the Board of Trustees, retain experienced
professional persons, services, or agencies to assist him in any technical
matters in carrying out the provisions of this chapter. He shall have
the right to immediately stop any blasting if any damage occurs or
if any damage occurs pending investigation by the Village, and to
issue and serve appearance tickets with respect to violation of this
chapter when he has reasonable cause to believe that an offense has
been committed.
[Amended 10-22-2008 by L.L. No. 10-2008; 10-22-2014 by L.L. No. 13-2014]
Any person who violates any provision of this chapter shall
be guilty of a violation pursuant to the Penal Law punishable by a
fine as set annually by resolution of the Board of Trustees or imprisonment
for not more than 30 days, or both such fine and imprisonment, for
each violation of the law.
